Mhada proposes takeover of stalled Dadar building

Mhada responded after a bench headed by Justice Anoop Mohta expressed concern for the tenants of the under-construction building at the junction of Gokhale Road and Ranade Road, Dadar (W)Rosy Sequeira | TNN | August 11, 2017, 17:00 IST

MUMBAI: Mhada on Thursday told the Bombay high court it had sent a proposal to the state government to take over a Dadar building where the builder has stopped work for over three years, leaving its tenants in the lurch.

Mhada responded after a bench headed by Justice Anoop Mohta expressed concern for the tenants of the under-construction building at the junction of Gokhale Road and Ranade Road, Dadar (W). “How can they survive?’’ asked Justice Mohta. Construction halted abruptly in 2014 after putting up 10 slabs.

The HC had on October 21, 2016, directed Mhada to initiate action against landlord and developer Vilas Gaonkar of Shree Swami Constructions, including attaching his properties, to recover transit rent, which he failed to pay to nearly100 tenants, including 16 shops. The court slammed Mhada for inaction on August 1 and summoned Gaonkar.

Advocate Sandeep Bane, appearing for petitioner Sameer Patil, said the builder had failed to be present. “The tenants are suffering,’’ he said. Gaonkar’s advocate said he was being discharged from appearing in the matter. The judges asked what steps Mhada was taking when the builder stopped paying rent and was not providing alternative facilities.

Mhada’s advocate said they had identified properties of the builder and had written to the collector to attach and sell them. “We have submitted a proposal to the state government to acquire the property. At least 70% tenants have to give consent. People are not coming forward,’’ he claimed. But Bane said “80%’’ tenants had consented.

The judges pointed out that even if tenants were not coming forward, Mhada could take over the building. They directed a notice be sent to the builder to reply, stating why bailable warrant should not be issued against him, and posted the hearing on August 22.